A BILL

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 01481985
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: December 28, 2022
• Document Release Date: August 7, 2017
• Case Number: F-2007-00094
• Publication Date: March 4, 1975

Approved for Release: 2017/01/18 C01481985
4 March 1975
A BILL
To amend the National Security Act of 1947, as amended, and for other
� purposes.
Be it enacted by the Senate and HoUse of Representatives of
the United States of America in Congress assembled, That
. Section 102 of the National Security Act of 1947, as amended,
�-
. (50 U.S ,C A-. 403) is further amended by adding the following
new subsection (g):
(g) In the interests of the securiti:of the foreign
s intelligence activities of the United States, and in order further
to implement the proviso of section 102(d) (3) of this Act that the
_
Director of Central intelligence shall be responsible for protecting
intelligence sourceS and methods from unauthorized disclosure--
(1) Whoever, being or having been in duly
authorized possession or control of information relating
to intelligence sources and methods, or whoeverr being
or hainc,- been an officer or employee.: of the United
. .1-11,araIDE,2:- of the. Aimied.Services of the United
States. (DI- -a contr1-_-_tor of the United State; Government,
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a
or an employee of a contractor of the United States
Government, and in the course of such relationship
becomes possessed of such information, knowingly
communicates it to a person not authorized. to receive
. it shall be fined not more than $5,000 or imprisoned
.not more than five years, or both;
(2). For the Purposes of this subsection, the
term "information relating to intelligenc-e.sOurceS and 7
. .
methods nleans -sensitive information concerning--
(A) methods of collecting foreign
intelligence:
(B) sources of foreign intelligence,
Urnan, technical, or other; or
methods and techniques of .
- analysis and-evaluation of foreign intelligence
which, in the interests of the security of the foreign- intel-
ligence activities of the United States, has been specifically
�
'designated for limited or restricted dissemination or
distribution, pursuant to authority granted by law or
Directive of the National Security Council, by a depart-
ment or agency of ti.ie United States Government Which
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is expressly authorized by law or by the President
to engage in intelligence activities for the United States;
(3) A person who is not authorized to receive
information relating to intelligence sources and methods
is not subject to prosecution as an accomplice within
the meaning of sections 2 and 3 of Title 18, United
States Code or to prosecution for conspiracy to commit
an offense under this subsection, unless he became
'��
possessed of such information in: the course of a relation-:-
ship I-Vith the United States Government as. described in
paragraph (1); Provided, however, That the immunity
_
conferred by this paragraph does not preclude the
.in.dietment or conviction for conspiracy of any person
Wb.o is subjec-t-to prosecution under para.graph (1)
of this subsection,
. (4) . No prosecution shall be instituted under
this subsection unless, prior to the return of the
indictment or the filing of the information, the Attorney
General and the Director of central Intelligence jointly
certify to the court that at the time of the offense--
(A) the inEormatiOn, was lawfully
designated for limited cr restricted dissemination.
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or distribution within the meaning of paragraph
(2) of this subsection;
(B) the information had not been
placed in the public domain by the United States
Government; and
(C) there existed a review procedure
- through which the defendant could obtain review,
by the Government agency described in nara-
_
�
araph (2) of this subsection, of the necessuy
of continuing the desig4ation described in.
:paragraph _(2) of this subsectioi in the interests
of the security of the fereicin intelligence
-
.. activities of the United States.
� (.5) � �It is an .-affi:-/,'ma.-tive defense. to 'a prosecution
-under. this Subsection
'
(A) the information was _communi-
cated only to a regularly constituted sub-
committee, committee or joint committee of
Congress, pursuant to la.wful
(B) the person cornmunic-ating the
infornlation did not know or have reason to
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. .
know that the information had been specifically
designated as described in paragraph (2) of
this subsection.
(6) Whenever in the judgment of the Director
of Central Intelligence any person is about to engage in
any acts or practices which will constitute a violation of
this subsection, the Attorney General, on behalf of the
. � � �����
United States may make application to the appropriate
court for an order enjoining such acts or practices, and
-upon a showing that such person is about to engage ri -
any such acts or practices, a permanent or temporary
injunction, restraining order, or other order may be
� : �
granted.'
. (7) . In any judicial proceedings under this.
. . �
subsection, the court --
ma.y review, in camera., information
relating to intelligence sources and methods designated
for limited or restricted dissemination or distribution
. within the meaning of paragraph (2) of this subsection
for the purpose of detecrraning if such designation
was lawful anc.1 the court shall not invalidate the
closictia.tion unless it determines that the designation
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was arbitrary and capricious. The determination
of the validity of such designation under the cir-
cumstances is a question of law;
(B) in any in camera review, .may, in
its discretion, require the presence of all parties
or their attorneys and production of a record of the
proceedings;
(Q) shall, at the cloSe of the in camera
revieW, enter in the. record an order pursuant to its
findings and determination.
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